On October 18, 2013, at around 22:10 on October 18, 2013, the Defendant, on the road near restaurant, and on the road near the victim C (the age of 41), her mother under the influence of alcohol, expressed the victim’s face part once by one hand, and her walk the victim’s right side behind the mouth, and her head side was faced with the concrete floor.

After that, at around 05:50 on October 19, 2013, the victim died due to the high level of double damage while receiving treatment from a military medical center located in the Dogdong of Sigsan-si.

This resulted in the death of the victim by assaulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to death certificates and autopsy and appraisal certificates;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. Summary of the assertion

A. Since the Defendant’s assault and negligence of medical personnel are involved in the victim’s refusal to treat and the victim’s death between the victim’s assault and the victim’s death, not only the causal relationship between the Defendant’s assault and the victim’s death but also the result of the victim’s death cannot be attributed to the Defendant.

B. The part of the part that the defendant abused the victim, and the degree of the damage was caused by the minor sacrificing that the victim was the victim. Thus, the defendant could not be predicted that the victim would die if he pricing the part of the victim's sacrifies.

2. Determination

A. Since the crime of death resulting from violence is an aggravated crime, there should be a proximate causal relation between the act and the result thereof, as well as the result thereof.